Saju Paul v. Returning Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 W.P.(C).No. 2231 of 2015 (D) --------------------------- PETITIONER :
---------------------- SAJU PAUL, AGED 48 YEARS PRESIDENT MOOKKANNUR KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD.
E 126(D), APCOS, ANGAMALY - 683 577 RESIDING AT MATTEKKAT HOUSE, MOOKKANNUR P.O.
ANGAMALY - 683 577, ERNAKULAM DISTRICT.
BY ADV. SRI.R.RAJESH RAJAGOPALA PILLAI RESPONDENT(S):
----------------------------
1. RETURNING OFFICER, ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCER'S UNION LTD.
NO.E150(D), P.B.NO.2212, EDAPPALLY ERNAKULAM-682 024.
2. ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCER'S UNION LTD., NO.E150(D), P.B.NO.2212, EDAPPALLY, ERNAKULAM-682 024 REPRESENTED BY ITS SECRETARY.
3. REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OP BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM. PIN 695 010 R2 AND R3 BY GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS
WP(C).No. 2231 of 2015 (D) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :
BYELAW OF THE 2ND RESPONDENT.
EXT P2 :
TRUE COPY OF THE ORDER DATED 06-01-2015 ISSUED BY THE 1ST RESPONDENT REJECTING THE NOMINATION MADE BY THE PETITIONER.
EXT P3 :
TABLE SHOWING THE PRODUCTION OF MILK FOR THE ENTIRE YEAR 2014.
EXT P4 :
MILK BILLS OF THE PETITIONER'S SOCIETY EXT P5 :
REPRESENTATION DATED 09-01-2015.
RESPONDENT(S)' EXHIBITS NIL ---------------------------------------- /TRUE COPY/ PA TO JUDGE VS
V.CHITAMBARESH, J --------------------------- W.P.(C) No.2231 of 2015 ---------------------------------------- Dated this the 22nd day of January, 2015
JUDGMENT
The nomination put in by the petitioner has been rejected on the ground that the society has failed to supply minimum quantity of milk during the preceding year as stipulated in Ext.P1 Byelaw. Ext.P2 order rejecting the nomination is assailed in this writ petition under Article 226 of the Constitution of India. An effective remedy lies after the election under Section 69 of the Kerala Co-operative Societies Act, 1969. [Shri.Sant Sadguru Janardan Swami (Moingiri Maharaj), Sahakari Dugdha, Utpadak Sanstha and Another V. State of Maharashtra and Others, [(2001)8 Supreme Court Cases 509]. I do not want to halt the process of election in the mid way especially when the poll is scheduled to take place on 24.1.2015.
The writ petition is dismissed without prejudice
W.P.(C) No.2231 of 2015 to the right of the petitioner as above.
Sd/- V.CHITAMBARESH JUDGE /TRUE COPY/ PA TO JUDGE vs